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Patna High CourtCR. MISC./64260/2019bail granted

Manish Thakur @ Rajesh Thakur @ Rakesh @ Rakesh Thakur v. The State Of Bihar

2019-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64260 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== MANISH THAKUR @ RAJESH THAKUR @ RAKESH @ RAKESH THAKUR, aged about 38 years, Gender-Male, Son of Late Ram Naresh Thakur, Resident of Village-Choraut Uttari Ward No.1, P.S.-Pupri (Choraut O.P.), District-Sitamarhi.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Alok Kumar Alok, Advocate.

For the Opposite Party :

Mr.Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in a case for the offence registered under Sections 341, 342, 324, 326, 307, 498 and 290 of the IPC., in which charge sheet has been submitted under Sections 307, 326, 323, 342 and 290 of the I.P.C. The prosecution story, in brief, is that on 26.04.2018 at about 6.30 P.M., the petitioner who is the husband of the informant, came to her house and brutally assaulted in drunken state. The petitioner closed her in a room and pushed her down, put wooden on her body and put fire with intention to kill her but she saved herself and fled away from the house. Her in-laws tried to catch her husband but he fled away, after jumping from roof due to which he sustained injuries. She also sustained injuries on the body and her right hand and right shoulder were

Patna High Court CR. MISC. No.64260 of 2019(2) dt.17-10-2019 2/2 fractured.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 27.04.2018. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The alleged occurrence is said to have taken place due to petty reason. There is no medical examination report in respect of offence under Section 307 of the I.P.C. Rests of the offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Sitamarhi, in connection with Sessions Trial No. 261 of 2018, arising out of Pupri (Choraut O.P.) P.S. Case No. 179 of 2018. (Sudhir Singh, J) U.K./- U T